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Final Checks for CCC pending till Feb , Tenants keen to secure the house NOW

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  • Final Checks for CCC pending till Feb , Tenants keen to secure the house NOW

    One of our rentals just became vacant 2 weeks back as our long term tenant vacated the premises.

    I have requested property file just out of curiosity & found it has not passed the Final checks , ie, it has the proper building consents been taken however it still does not have the CCC , it states' final checks failed '.

    I already been in touch with an ex council inspector / builder to get those works managed as I am away for few weeks till Christmas, however he is busy till next yr February & suggested to let the house as is, as it's no problem & it does not impact safe & sanitary elements of the house at all, instead it only needs minor areas addressed ie as built plan for drainage & some nails on gibbs etc needs replaced to make it compliant to get the CCC issued.

    Also , I already have a tenant who keenly has been looking for her own home, over a yr to move in to this property (ie one of my current tenant's daughter ) & she is happy to provide her daughter with 'guarantor form' as her daughter is a solo mother & has been having trouble securing a house all these yrs as never rented elsewhere in the past & also offered that she is willing to set up rent direction too for future rents.

    I am wondering what should I do in this event ?

    Having some statement from ex council building inspector who already been to site, on my file would that safe guard me, in case if anything pop up ?

    And or Tenants keen to move in , being made aware of the state of the works required & time frame & may be a statement from them to express their willingness to secure the house as is basis ?

    Anything else I must do ?
    Last edited by Perry; 20-11-2017, 08:51 AM. Reason: fixed formatting

  • #2
    This is a minefield. While back TT made decision refunding all rent to tenant as part of house was different to plan signed off. BUT recently another said that silly and allowed only small refund on similar deal.
    Officially you cannot rent it as it is - it is not consented to live in so can't be rented.
    I'd make very sure you have written record (email) of you telling tenant about this so hopefully they have no claim if they get shitty later.
    Or air BNB it over summer!

    Comment


    • #3
      Hi Anita.

      The whole issue of what makes a legal dwelling is a grey area at the moment but the statement from your builder might help if it is properly documented. You need to weigh up the risk of any issues occurring with the prospective tenants and then the uncertainty surrounding the interpretation of the law (Section 137).

      Doing major works with tenants present is often a little tricky especially when considering health and safety and the RTA. Also, tenants tend to get annoyed if promised work is not completed or is delayed and projects tend to start later and take longer than initial estimates suggest. If you do go down this route make sure everything is properly documented. Your contractors need to be aware of your responsibilities as far as notice periods and permissions.

      Renting "as is" is an interesting concept since you can't contract out of the Residential Tenancies Act. Your responsibilities as a landlord are detailed in Section 45

      You may find these of interest




      Also, from a tenancy risk point of view, you may be better off finding another tenant who isn't associated with your current tenants. Better to have tenant problems or changes that are isolated and independent of each other rather than linked.

      Comment


      • #4
        The consent makes it lawful the CCC only confirms compliance

        the Vic Inglis appeal has now overturned those silly prior "unlawful tenancy" decisions. There is no law that has to be met before a property is rented. The building does have to be safe and sanitary and RTA conditions on insulation statements etc

        Comment


        • #5
          Amazing, You da man! You certainly are a beaming lighthouse of info!
          How and where should I go to find TT orders like those two, say if I want to keep up with latest orders issued?

          Also - If am in south island and my tenant is in Auckland and there is a case, say me versus tenant or vice versa, where is the case heard, north or south island?
          Thanks
          Last edited by kiwidag; 22-11-2017, 09:07 PM. Reason: adding - You da man

          Comment


          • #6
            try here
            The Tenancy Tribunal hears disputes between landlords and tenants of residential properties who have not been able to reach agreement in mediation provided by the Ministry of Business, Innovation and Employment's Tenancy Services.

            Comment


            • #7
              https://forms.justice.govt.nz/search/TT/

              You may find some useful hints in this old thread but there have been changes to the system over time.


              Apart from the standard checks of prospective tenants or landlords, searching the suburbs where you own property is always a useful starting point. If you are interested in improving the way you do things searching for damages awarded to the Tenant is most instructive.

              The keyword search is best used if you have a particular issue to investigate. Sometimes a bit of inspiration or experience is required to work around the limitations of the search facility. Try "137" , "agency", or " Housing Improvement Regulations 1947".

              Typically, in the region where your property is located.

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